View Post [edit]
Poster: | jory2 | Date: | Sep 13, 2011 4:33pm |
Forum: | feature_films | Subject: | Re: Help Please |
GATT (which was the a General Agreement on Tariffs and Trade) is not the treaty I was referring to.
The Berne Convention requires its signatories to recognize the copyrights of Works of authors from other signatory countries in the same way as it recognizes the copyrights of its own nationals."
The US has been a signatory member of the Berne Convention since March 1, 1989
"The US doesn't respect the laws of other countries, per se"
Seriously? Hows that possible?
Reply [edit]
Poster: | billbarstad | Date: | Sep 13, 2011 5:46pm |
Forum: | feature_films | Subject: | Re: Help Please |
Reply [edit]
Poster: | jory2 | Date: | Sep 13, 2011 5:59pm |
Forum: | feature_films | Subject: | Re: Help Please |
This post was modified by jory2 on 2011-09-14 00:59:18
Reply [edit]
Poster: | billbarstad | Date: | Sep 13, 2011 6:09pm |
Forum: | feature_films | Subject: | Re: Help Please |
Reply [edit]
Poster: | jory2 | Date: | Sep 13, 2011 6:22pm |
Forum: | feature_films | Subject: | Re: Help Please |
You wrote the above, are you ok?
Reply [edit]
Poster: | billbarstad | Date: | Sep 13, 2011 6:34pm |
Forum: | feature_films | Subject: | Re: Help Please |
Reply [edit]
Poster: | larus | Date: | Sep 14, 2011 3:45am |
Forum: | feature_films | Subject: | Re: Help Please |
This post was modified by larus on 2011-09-14 10:45:20
Reply [edit]
Poster: | jory2 | Date: | Sep 14, 2011 6:36am |
Forum: | feature_films | Subject: | Re: Help Please |
This post was modified by jory2 on 2011-09-14 13:36:19
Reply [edit]
Poster: | larus | Date: | Sep 15, 2011 12:27am |
Forum: | feature_films | Subject: | Re: Help Please |
Then I apologize about lecturing you. I was under the impression that you thought all works were covered by the Berne Implementation act regardless of whether they were published in the US before or after the act became effective. Discussions held on this board tend to revolve around the copyright status of films that are several decades old and this has become my frame of reference by default.
What Bill had wrote was, "The US doesn't respect the laws of other countries, per se. That's why we have treaties like GATT." which as you know is completely false.
I don't know that it is completely false. What I do know is that US copyright is determined by US law, not foreign law. And although works published after March 1st, 1989 enjoy automatic US copyright protection for many decades to come, the situation for works published before that date remains a murky mess where copyright notices, registrations, renewals and URAA come into play. The latter case is what most discussions on this board revolve around.
Hopefully Bill will read your post and be better informed without further misinterpretations.
Bill has been on this board for years and already knows what I summarized, which can be confirmed by a look at his posting history.
larus the link you provided, http://www.copyright.cornell.edu/resources/publicdomain.cfm , 'Copyright Term and the Public Domain in the United States', deals with public domain. Unfortunately this website does not just publish public domain content.
The presence of copyrighted content on the site is something that regular contributors are unhappy about. Those who actually put time and effort into capturing and uploading public domain films are not thrilled at the idea of their work being for naught if the Archive is shut down due to blatant copyright violations.
As a matter of fact, requests are regularly posted on this board so that published content that is identified as copyrighted gets removed. Bill himself has posted many such requests, as can be seen from his posting history.
Anyway, I only jumped in because I was under the impression that you thought the Berne Implementation Act of 1988 applied retroactively. Since you are actually well-versed in copyright and intellectual property and don't need any lecturing from me, I'll just crawl back under my favorite rock.
Reply [edit]
Poster: | jory2 | Date: | Sep 15, 2011 5:55am |
Forum: | feature_films | Subject: | Re: Help Please |
"I don't know that it is completely false. What I do know is that US copyright is determined by US law, not foreign law. And although works published after March 1st, 1989 enjoy automatic US copyright protection for many decades to come, the situation for works published before that date remains a murky mess where copyright notices, registrations, renewals and URAA come into play. The latter case is what most discussions on this board revolve around."
Granted the US only joined the Berne Convention in 1989, a country like Canada however has been a member since 1928. Like the US Canada has it's own Copyright Act, and is not determined by foreign law. Should a case of copyright infringement be brought against a member of the US by a Canadian copyright holder Canadian laws prevail larus.
The Canadian term(s) of "fair dealings" come into play, and not the more lenient "fair use" terms as describe in the US copyright act.
The US is a member of the WTO and the Berne Implementation act, therefore the US is obligated to respect the laws and recognize the copyrights of Works of authors from other signatory countries in the same way as it recognizes the copyrights of its own nationals.
Is it the laws that are murky? Or public perceptions of the laws? After reading what some people have posted in the forums I would argue that it's more public perceptions.
larus you wrote:
"Anyway, I only jumped in because I was under the impression that you thought the Berne Implementation Act of 1988 applied retroactively. Since you are actually well-versed in copyright and intellectual property and don't need any lecturing from me, I'll just crawl back under my favorite rock."
THANK YOU for jumping in! It was my understanding this website was intended to enhance the exchange of thoughts ideas and information.
Your thoughts are always welcome larus.
Reply [edit]
Poster: | jory2 | Date: | Sep 14, 2011 2:39pm |
Forum: | feature_films | Subject: | Re: Help Please |
The link is not by me, nor is the info on the link me generated.
maybe you could pass the info along to Bill?
http://www.wto.org/english/thewto_e/whatis_e/tif_e/fact1_e.htm